Maybe an Exotic Dancer isn't the best girlfriend material

[Northwoods]

http://www.foxnews.com/us/2011/11/27/man-says-ex-girlfriend-stole-his-sperm-to-create-kids/#ixzz1etAnXpOW?test=latestnews

"She was taking [the semen in condoms] after the fact and running down to the clinic with it," said Jason Gibson, who is representing Pressil in his suit. He now has joint custody.

The fertility clinic's manager simply assumed he and his ex were married when she got the successful in-vitro fertilization procedure that resulted in the birth of the twins, his suit says.

Pressil then said he confronted Burnett, an exotic dancer, who allegedly told him, "Oh you're not stupid. I thought you knew."

[Viking]

If a guy is sure he doesn't want kids - get a vasecteomy. No "oopsing" then.

[wmenorr67]

I don't think it was a matter of not wanting kids.  Just wasn't wanting them with the person he was with.

I would think the clinic would have a huge liability to pay out here as well.  I mean a person bringing in sperm in a condom didn't raise a red flag.

[zahc]

She should be charged with rape.

[wmenorr67]

She should be charged with rape.

Not seeing how this is rape.  The sex was between two consenting adults.

[KD5NRH]

I'm just not seeing why she didn't just "accidentally" damage the condom with some Lee Press-On Nails or something.

[MicroBalrog]

Are we sure the man is telling the truth here?

[vaskidmark]

Are we sure the man is telling the truth here?

1 - Blaming the victim is always so cool.

2 - Getting the clinic folks to testify should not be that difficult.  Of course their testimony might expose them to evidence of violation of lots of stuff beyond mere stupidity.  Who accepts semen in a condom for use in in vitro fertilization?

3 - Not sure of Texas law, but she might be guilty of fraud.

4 - Note to self: my stripper GF being willing to dispose of the condoms might not be the best thing after all.  Man up and send the little buggers and their rubber raft on the swirly water ride myself.

5 - Props for the guy owning up to his responsibilities re: child support.  Loss of points for playing the custody-as-punishment game.  Net score = -1.

stay safe.

[280plus]

DOH!! 

[Jamie B]

Holding back..........ripe for snark................

[wmenorr67]

1 - Blaming the victim is always so cool.

2 - Getting the clinic folks to testify should not be that difficult.  Of course their testimony might expose them to evidence of violation of lots of stuff beyond mere stupidity.  Who accepts semen in a condom for use in in vitro fertilization?

3 - Not sure of Texas law, but she might be guilty of fraud.

4 - Note to self: my stripper GF being willing to dispose of the condoms might not be the best thing after all.  Man up and send the little buggers and their rubber raft on the swirly water ride myself.

5 - Props for the guy owning up to his responsibilities re: child support.  Loss of points for playing the custody-as-punishment game.  Net score = -1.

stay safe.

I disagree with losing points as for playing the custody-as-punishment game.  I think if he doesn't get custody those children will be pawns the rest of their lives in the mother's games.

[Jamisjockey]

I disagree with losing points as for playing the custody-as-punishment game.  I think if he doesn't get custody those children will be pawns the rest of their lives in the mother's games.

Agreed.  I'm not seeing how a mother who obtained the children through fraudulent means could be considered fit.

[mtnbkr]

Personally, I would be OK with him putting the kid up for adoption and walking away from the whole mess.  He didn't want kids and took precautions.  The stripper went as far as to undergo in vitro fertilization to have a kid for entrapment purposes.  She should go to jail, the kid should go up for adoption, and the unwilling sperm donor should not be held accountable.  His only mistake (besides screwing a stripper) was not flushing the jimmy as soon as he was done.

Chris

[wmenorr67]

Well the issue is that it isn't just one child, she had twins.

And he never stated he didn't want kids.  Just that he didn't want them with her.

Joseph Pressil, 36, was not planning on having children with Anetria Burnett, with whom he was in a relationship for six months in 2007, he said.

[MechAg94]

I definitely agree on the clinic having liability.  Maybe even the staff personally. 

I am also thinking of scenarios where strippers or "massage therapists" give "happy endings" where a condom is involved.  It could end up being an easy way to screw some stupid rich guy if it isn't dealt with harshly. 

[MicroBalrog]

1 - Blaming the victim is always so cool.

Assuming he's speaking the truth here.

5 - Props for the guy owning up to his responsibilities re: child support.  Loss of points for playing the custody-as-punishment game.  Net score = -1.

If he's speaking the truth he's a victim. In that case there's no reason for him to be made to pay child support.

[T.O.M.]

If he's speaking the truth he's a victim. In that case there's no reason for him to be made to pay child support.

You know, that would make sense, but the law is painfully clear.  If your genetic material contributed to the child, then you are responsible for support.  There's even case law that a rape victim (male victim...statutory rape) is required to pay child support, as stupid as that sounds.

That said, he needs to get in touch with a good lawyer ASAP, and sue both the stripper and the clinic.

[roo_ster]

First mistake: hanging out with a stripper.

[lee n. field]

If he's speaking the truth he's a victim. In that case there's no reason for him to be made to pay child support.

You obviously don't live in the United States.

[vaskidmark]

Yes, the law is biased against the sperm donor, but it is what it is.  So he gets props for paying.

Playing the kids as pawns is what loses points.  If he is truely concerned about them and wants to raise them I think doubling the points awarded is not enough.  I did not think it necessary to point out how badly the egg provider is behaving in this situation - from conception of the idea to attempt to get "common law" status to accepting support payments.

The problem with placing the kids for adoption is that they are four years old - like it or not there is probably some emotional bond between them and the egg donor.  It's not fair to mess with that unless actual unfitness can be established, and being a [insert terms describing unsavoriness here] is not inherently unfitness.

There are more than a few attorneys who have dealt with situations that have many similarities and prevailed in getting the doctors and clinic(s) to be held financially responsible not only for the support of the child(ren) but to compensate the sperm donor for emotional distress and loss of reputation.  This guy has what I believe may be a strong case against them for fraud and malpractice.  The major problem I see is that whatever outcome he achieves against the doctor(s) and clinic(s) there is no way he can prevent the egg donor from benefitting even indirectly from any award made regarding the care and support of the kids.  Even if all he pays is healthcare and education that is money she does not need to spend out of her income.

stay safe.

PS - Chris - there's an exception to your genetic maerial equals responsibility formula -- a married man is considered the father of the children, regardless of genetics.  At least that's so under Virginia law.

[T.O.M.]

PS - Chris - there's an exception to your genetic maerial equals responsibility formula -- a married man is considered the father of the children, regardless of genetics.  At least that's so under Virginia law.

Here in Ohio, that's the state of the law unless or until genetic testing proves that husband isn't daddy.  Support obligation stops when the genetic lottery pulls a different DNA winner.

[lee n. field]

 There's even case law that a rape victim (male victim...statutory rape) is required to pay child support, as stupid as that sounds.

Interesting, interesting.  

There's a case local to me.   Married woman (now 35), "involved with" a boy "13 - 16" (according to judici.com).  There's (privately) some speculation that this kid might be the father of the woman's child.  Yes, it was a hideous mess, involving more than usual violations of trust.

[lee n. field]

stay safe.

Be mindful of, what's the lawyerly phrase, "chain of custody".  Throw your own condoms in the incinerator. 

[mtnbkr]

The problem with placing the kids for adoption is that they are four years old - like it or not there is probably some emotional bond between them and the egg donor.  It's not fair to mess with that unless actual unfitness can be established, and being a [insert terms describing unsavoriness here] is not inherently unfitness.

Ahh, I missed that they are 4yo.  I assumed they were still infants.

Chris

[Viking]

I'm curious about something. Say a guy has had a vasecteomy, gets married, tells the woman he doesn't want kids, not now, not in the future. She agrees...for the moment. When nothing comes naturally, she gets it done by artificial insemination and sperm from a sperm bank. Guy finds out, gets furious, starts divorce proceedings. Will he have to pay child support for the kid?